Excelsior Correspondent
Srinagar, Nov 17: Taking serious note of compounding the major deviations by Special Tribunal Srinagar on various constructions raised in contravention of building permissions outside the periphery of Dal Lake, the High Court has directed the Divisional Commissioner Kashmir to monitor the exercise of permissions issued for constructions by the Lakes and Waterways Authority and Srinagar Municipal Corporation.
Not preventing the owners on time from making deviations to the structures in violation of building permissions, the LAWDA now has initiated process of challenging the judgments of Special Tribunal wherein major deviations have been compounded and the High Court while dealing with various petitions filed by LAWDA directed for sealing of these structures with the assistance of Police.
Court directed the Divisional Commissioner Kashmir to observe and scrutinize the process undertaken by the LAWDA and SMC for ensuring adherence to the permission issued for construction in tune with norms and laws governing the subject.
Divisional Commissioner has also been directed to seek report from LAWDA & SMC about deviation of construction of residential houses and commercial complexes and ensure stopping of such construction.
For the purpose of enforcement of law regarding adherence to building permission, Divisional Commissioner has been directed to call a meeting of all the concerned officer of LAWDA and SMC for ensuring compliance of order passed by court.
Meantime, Principal Secretary H&UDD as directed, furnished the list of building permissions issued by the LAWDA and SMC, in the city of Srinagar. The authorities of LAWDA and SMC, have sought time to furnish the report about adherence to permission or its violation, by November 30.
In one of the petitions filed by LAWDA against the verdict of Special Tribunal, Special Secretary of H&UDD has been appointed as inquiry officer to inquire into the facts and circumstances leading to major violation of building permission issued by LAWDA to one Ghulam Rasool Mir of Zoonimar and others and consequently coming up to two number of double storied residential houses and compound walling on the plot situated in estate Zoonimar.
Court directed the registry to send the order copies to Principal Secretary H&UDD, Divisional Commissioner, SMC and SDA for compliance so that the violations can be stopped on proper time.
In other petitioner filed by LAWDA, court has been informed that the LAWDA put the violator on notice issued in terms of Section (3) of Control of Building Operation Act and the same has been challenged by filing an appeal before the Special Tribunal which was allowed and the major violation has been compounded by the Special Tribunal.
Court has been apprised that the Tribunal has only power to regularize the violations of minor nature and the deviation done in the present case is not covered by the regulations, because the respondent-violator has violated the approved land use of the area and has violated the permission, therefore the order of appellate tribunal is without jurisdiction.
Court after hearing the LAWDA counsel stayed the order of Special Tribunal wherein major deviation was compounded and directed the LAWDA to ensure sealing of house with the help of police and report compliance.
SSP Srinagar in this connection has been directed to provide assistance of the contingent of police required for ensuring of such sealing.
“The house shall remain on the Superadnama with the Divisional Commissioner who shall appoint the competent officer to take over the possession of sealing by making all the inventories of the moveable and immovable property inside the house”, Court directed.
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